Florida Defense

Law

The law enforcement is a wide field of career options, the Bureau of Statistics of the United States estimates that the field will keep on growing steadily until the year of 2018, and it will increase by 10% for law enforcement professionals. The usual career that requires 4-year degree course in the law enforcement is the Police Department as well as the Security Enforcement Agencies.

Investigators and detectives – they are acting for the review evidences, interview the witnesses and follow the leads for solving the crimes committed within their jurisdiction. In spite of the glamorous reputation, being a detective is not that easy. Hours of work are long, the nature of job is dangerous and the salary is usually low. Detective ranking is achieved through climbing the steps like the police forces.

Parole officers – they are the type of law enforcers who are working with the parolees report as they are being conditionally released from the prison. They have the backgrounds in administration or law enforcement and they should be knowledgeable with the basic-moderate of their computer skills. They have to be ready to testify against or favor to their parolees in the court proceeding if needed.

FBI and CIA – they are 2 of the best enforcement arms of the United States Government. Career seekers that obtain the security clearance can find stable employment within the government, and they can be at the secret service or even military police.

Prosecutor and Defense Attorneys – they can enter the field after they have completed the 3-year graduate level of the law schooling programs. As the degree of law enforcement is not being required for the law schools admission, they can still provide a competitive edge that are needed for earning an acceptance to any law school.

These potential experts must pass the background investigation that includes inquiries to their working history, financial history and criminal history. For those individuals who want to pursue their law enforcement degree must be prepared for the participation of several interviews with their choice of agency. They need to practice for answering the interview questions that are difficult.

This is a rewarding field that has many advantages for the ones who are choosing it as their career. Landscape of this career is augmenting everyday as the advancement of good opportunities are many.

If any of these law enforcement careers seem interesting and sound like something you would like to pursue, consider a law enforcement degree as this will lead you one step closer to your perfect career.

Law Enforcement Degree Programs – What are they like?

As our world becomes more complex and technically advance, so is the demand on more highly trained individuals. As in any other career, law enforcement careers today require more and more education training from prospective applicants.

Most positions within this field require an associate’s degree, bachelor’s or even master’s degree, usually in criminal justice. Not only will a higher level of education, such as a bachelor, masters or doctorate degree, lead to greater salary but also to more job opportunities and career advancement choices.

Law enforcement degree programs will train you for a wide spectrum of skills, allowing for a wide range of career options. You will learn about the court and judicial system, police procedures and policies, prison systems, rehabilitation and control of prisoners.

Law Enforcement Courses/Curriculum

Aside from the study of law and the legal system, courses focus on accounting, business finance, computer science as well as physical education to promote fitness and performance on the job. Foreign language fluency is important for federal employment.

In a law enforcement training program you will be exposed to courses in criminal justice, police administration, police management, police organization, criminal law, criminal procedures, crime scene investigation, interviewing and interrogation, criminal counseling, juvenile delinquency, pubic safety – to name a few.

As you can see from the long list of courses offered, law enforcement is becoming a popular and fast growing field. As a result, colleges and universities offering training in this area are able to provide many courses to choose from. By exploring all your options within this degree program, you can pinpoint your strengths, areas of interest and design your ideal future career. You can do so much with a law enforcement degree – make sure you find out what works best for YOU.

Online Law Enforcement Degree Programs

Online education is on the raise so it’s not surprising that most online colleges and universities also offer law enforcement training. Online degree programs give you the freedom from attending regularly scheduled classes and allow you to go to school while working full time and managing a family. They are becoming very popular as they are a way to advance your career while keeping your current job. Many employers will pay their employees to go back to school, online.

There are so many online schools offering law enforcement online degree programs, how are you to choose one? The best approach is to select a few, request information and research, read about their programs and courses offered as well as class/degree requirements. Some schools offer complete online degree programs, others require some in class time. Find out all the details before signing on to a program, be it an online associate, bachelor or online master degree law enforcement program. When researching schools, in addition to program details, try to find out faculty qualifications as well as the percentage of students that graduate and find jobs upon graduation.

Law Enforcement Careers

The primary goal of all law enforcement professionals is to protect individuals within their jurisdiction. With this career you could work as a state or federal agent, police officers, inspector, sheriff or detective. There are many opportunities for specialization within this field and the list of job titles is extensive.

Police officers are usually employed at a local level and perform task such as traffic control, regular patrols, investigation of theft and assault as well as community policing.

Detectives and Investigators specialize in one area of crime and are assigned cases within that area. Their primary role is to collect evidence, conduct interviews, and examine records all leading to crime solution, arrest and prosecution.

Federal agents are employed by the Federal Bureau of Investigation (FBI) and perform investigations of all types of crimes. The list of task and job opportunities is extensive. Spend some time reading and researching all the opportunities and educational requirements before choosing an area to specialize in within the law enforcement filed.

Law enforcement serves and protects citizens and maintains the peace and order in a given area. Within law enforcement, there are many other sub-branches. Substantial training is required in order to become an effective law enforcement official. Each branch of law enforcement requires even more specific training.

Being an effective police officer requires not only physical and psychological wellness, but more importantly, discipline. Training in the police force can become quite harsh. The training includes shooting practice, simulations of real-life situations that require law enforcement intervention, and crime scene investigation education.

Whether you end up as a detective or a uniformed police officer, it is important that you know how to search for evidence or scenarios that are unusual or out of place. Being able to notice the right small detail could potentially solve the case you are handling. Training also teaches would-be policemen and policewomen these tactics.

If you are interested in becoming a part of the Special Weapons and Tactics (SWAT) division, you should expect to undergo even more demanding training. You will not only need more physical training, but you will need to be familiarized with the weapons and strategies involved in a scenario that requires your services.

SWAT police usually have to work under intense pressure. As a result, they are trained both physically and psychologically to respond quickly and intelligently to life-threatening scenarios. SWAT also makes its officers undergo intense teamwork training. SWAT officers need to be able to work as one unit for their plans of attack to be effective.

Law enforcement are members of different agencies who are committed to upholding and enforcing the laws we live by. Some members work in local settings, while others work to enforce national laws. Often, the workers are a big component in punishing and convicting those who commit a crime. They work day-in and day-out to ensure that the streets are safe and the criminals are put behind bars.

There are generally two goals that law enforcement officials are seeking: prevention and enforcement. The first goal, prevention, can be particularly difficult. Officials must work extremely hard to prevent occurrences of crimes. For instance, police officers will regularly patrol an area in an attempt to keep crime from happening there. They make their presence known. In a way it is a message to criminals that lets them know they are being watched and criminal behavior will not be tolerated. The second goal, enforcement, can also be just as difficult. Officials have the unique assignment to punish people for committing a crime. They must assign a form of punishment that fits the crime. Not only that, but must also seek rehabilitation for the criminal whenever possible.

Today, law enforcement jobs can be found on all kinds of levels. For example, there are local police throughout the nation. They are there to protect the rights of citizens in specified jurisdictions. Then, there are states and federal law professionals. These professionals work to apprehend suspects after they find sufficient evidence of wrongdoing. The Federal Bureau of Investigation, for instance, is a federal agency. They have enforcement officials who work to enforce federal laws. Members of state and federal penal systems are also considered law enforcement officials. They manage different aspects of containment and punishment of criminals. Along with that, other law enforcement professionals include: probation officers, judges, and district attorneys.

Although law enforcement is a broad term, everyone working in it is working towards the same goal. They work to enforce laws, protect the people, and prevent crime. There are officials all over the world that are performing duties that range from trainee to advanced enforcement. Some might be investigators, while others are managers or directors. Despite their positions, they are still required to work within their jurisdictions, the rules of their job, and the law. Not only are citizens required to follow the law, but law enforcement officials must follow the rules too.

It is known by all that law is an essential part of a society. It helps to make a society trouble free and peaceful. Law is made by humans in order to change the society with the introduction of equality, justice, and fairness.

Man has made laws, so being a maker we must follow laws too. Government and courts have set these laws and they are applicable for every citizen of a country. Victims are protected by law, whereas criminals are punished by it. You must obey law to avoid its consequences.

Law is very important for a society, for not only maintaining peace but also to control systematic lives of the people. Law protects a society from anarchy, chaos and disorder. Criminal actions like trespassing, rape, steal, damage, bully, murder and terrorism are controlled by the Law. This saves the society from every criminal act.

Disasters can be caused if people live in a society and start doing things according to their wills and principles. The Law helps to prevent people from doing actions what they want. A mentality of taking revenge will be created among the masses which may turn into unlawful acts. A society will be full of illegal actions, crimes and murders, if there is no law. Rules help a society to consider even a small problem to avoid its bigger consequences in the future.

A simple waste disposal may kill many people, if not prevented now. Cleanliness will not be maintained by people, if there is no such rule. People will find their own ways of living and survival, if they are not bound by laws. A war zone can be created in the world. Laws not only maintain peace in the society but also help to run the human race without any disturbance and in proper order.

A good relationship with each other in a society is regulated by a system of laws. Conflicts are also settled down by the means of law. The respect for human rights is ensured by this procedure of rules and laws. A society can function efficiently and properly only because of the presence of laws. Crimes are being stopped to become an everyday happening with the help of laws, so that children do not grow up finding the crimes to be normal. Future generations of the human race are safe and protected because of strict orders and laws.

So, laws are not only important in the society, but also in human lives.

A prenuptial agreement, also called a “pre-nup”, or “premarital agreement”, is an agreement made by couples planning to get married. The pre-nup governs how issues such as dividing marital assets, and alimony will be dealt with if the marriage should end in a divorce.

Without a prenuptial or post-nuptial agreement, a divorced couple’s property will be divided and any maintenance awarded in accordance with Nevada statutes and case law. Any couple looking to save themselves from the circus called, divorce court, should seriously consider a pre-nup. Such an agreement is especially important if one or both parties are on their second or subsequent marriage, if they have children from a previous marriage, or have significant personal assets which they do not want to be subject to the whims of a family court judge.

Are Prenuptial Agreements Enforceable in Divorce Court?

Yes, unless there are defects in their negotiation or content. Originally, most states would not enforce prenuptial agreements because they felt such agreements were “in derogation of marriage”, meaning the agreements work against the principle of married for life. However, in the early seventies, following other states, Nevada held prenuptial agreements to be generally enforceable in, Buettner v. Buettner, 1973. So your agreement will be enforceable if it is properly done.

Why Draft a Prenup?

The most important reason to draft a pre-nup is to save you time and money, if your marriage ends in divorce. By agreeing to terms now, when you love each other, the divorce tends to run simpler, when the bliss has worn off. With a prenuptial agreement you know how things are going to be divided. Giving you peace of mind and costing you drastically less money in divorce attorney fees.

Pre-nups are not romantic. Approaching the conversation is a buzz kill. Most couples find it difficult to discuss the ending of a marriage. You’re in love, and going to be married forever. Why would you need a divorce agreement? Because like life, divorce happens. You have less of a chance of finding your home on fire, and yet you buy home insurance. Signing a pre-nup is not dooming your marriage. Many couples feel siging a pre-nup solidifies each other’s marriage commitments.

What’s in a Prenuptial Agreement?

In 1989, Nevada adopted the Uniform Premarital Agreements Act (UPAA), which can be found in the Nevada Revised Statutes at Title 123A. Under the UPAA, parties to a prenuptial agreement are allowed to agree with regard to:

1. Rights of property which the parties already have or might acquire during the marriage;
2. Any rights to buy, sell, lease or mortgage such property;
3. The disposition of property upon separation, divorce, or death of one of the parties;
4. Alimony; and
5. Any other rights and obligations of the parties which are allowed to be governed by private contract, i.e. are not governed by statute.

Separate property is the main focus of most prenuptial agreements. If you are coming into a marriage with real estate, retirement accounts, or cash, you might want to keep these assets separate from your community property. Community property is divided equally if a divorce happens. Separate property is not divided. A pre-nup often includes a waiver by both parties of any rights in property the other spouse acquired before the marriage. This is important if you who wish to preserve the assets they bring into a marriage.

Couples can also agree that property acquired by one partner after the marriage, which would ordinarily become community property, will remain the separate property of that spouse. For example, you might be halfway to earning a huge bonus, stock options, or maybe a future book deal. By agreeing these assets are to remain separate property you limit this argument in court.

A pre-nup may include language about limiting alimony (aka spousal support) in the case of a divorce. We are even seeing an increase in “fidelity clauses” being linked to spousal support. If a spouse has an affair the spousal support can be limited or increased, depending on your wishes. However, if the elimination or modification of alimony for a spouse results in that spouse needing public assistance, a court may disregard this portion of the agreement.

Two subjects of major concern to many couples contemplating marriage cannot be governed by prenuptial agreements: child custody and child support. By Nevada law, a court must decide these matters based on the standard of the best interests of the child and specific factors at the time of the decision. A premarital agreement signed before children are born would be unable to discuss the future factors. So, any private agreement between the parties on these subjects will not be binding.

When are Pre-Nups Not Enforced?

Prenuptial agreements are contracts between spouses. Like all contracts, in order to be binding, an agreement must be entered into by both parties knowingly and without any coercion, duress or fraud. Because of the closeness of the relationship between engaged persons, courts scrutinize prenuptial agreements especially closely.

First, the agreement must be entered into voluntarily. This means the agreement is not valid if one of the parties executed it under “duress,” a legal term meaning “pressure.” Agreements are often executed under some type of pressure; therefore, not every type of pressure will constitute duress.

While threats of physical violence or blackmail would clearly constitute duress, time between signing the agreement and the wedding date is the biggest culprit. Courts will void a pre-nup because the bride felt pressure to sign a pre-nup three days before the wedding. The typical cause being the emotional stress of having to cancel the wedding, and explain to hundreds of guests why the wedding was canceled. It’s not a gun to the head, but just as scary for some.

The threat of calling off the wedding is not always enough to be duress. Most courts reason that a party has a legal right to call off a wedding at any time. The courts look for other factors such as the unavailability of legal counsel for one spouse, or a one-sided agreement. For more examples of what constitutes duress, see “Voluntary Consent in Prenuptial Agreements”.

It is advisable for couples to allow plenty of time to negotiate and draft an agreement. To avoid the issue of duress being raised in the event of a divorce, couples should again allow several weeks, and even a month or so before the wedding date, for the process of negotiating and executing the agreement. Each side should also consult their own attorney.

Second, the agreement must be entered into “knowingly.” The UPAA requires that both parties be provided a “fair and reasonable disclosure” of the property and financial obligations of the other party. This means that income, real property, bank accounts, investments and all debts must be disclosed. This requirement underscores the advisability of allowing adequate time for consideration of the agreement.

The Nevada Supreme Court has held that where the husband failed to make the disclosures necessary to permit the wife to make an informed decision with respect to the premarital agreement, the agreement is invalid, Fick v. Fick, 1993. The court held that an incomplete list of the husband’s assets, given to the wife shortly before the wedding, and on the basis of which the wife signed the prenuptial agreement, did not constitute full disclosure.

Third, the agreement must be entered into without the presence of fraud. Fraud occurs when a party deliberately or negligently misleads the other party. Obviously, deliberately misstating or concealing one’s financial information would constitute fraud. However, as stated above prenuptial agreements are held to a higher degree of scrutiny than regular commercial contracts; courts require a high degree of honesty on the part of each party, called a fiduciary duty to the other party. Therefore, if the resulting agreement is excessively one-sided, courts will presume the existence of fraud, and, unless this presumption is rebutted in court, will invalidate the agreement.

In Sogg v. Nevada State Bank, the Nevada Supreme Court concluded that a premarital agreement would be presumed fraudulent where it left a wife with no resources or means of support in the event of a divorce, and where the wife probably would have received more under the community property laws of Nevada were it not for the premarital agreement.

The presumption may be overcome by a showing that the party claiming disadvantage was not in fact disadvantaged. Factors to consider include whether the disadvantaged party (1) had ample opportunity to obtain the advice of an independent attorney, (2) was not coerced into making a rash decision by circumstances, (3) had substantial business experience and acumen, and (4) was aware of the financial resources of the other party and understood the rights that were being forfeited.

The court in Sogg, held that where the premarital agreement was drafted by the husband’s attorney, the wife was never given an opportunity to obtain the assistance of her own counsel, was not given a copy of the agreement until the morning of the wedding, and the wife’s business experience was scanty. The court held that the presumption of fraud was not overcome, and the agreement was invalid.
Fair Pre-Nups

A contract is “unconscionable” if it is so one-sided as to be fundamentally unfair. In some states, a prenuptial agreement will be upheld even if it is one-sided and is a bad bargain for one of the parties, as long as it is made voluntarily and with full disclosure by each party. However, the Nevada Supreme Court doesn’t lean this way. In the Fick case, the court took into account the results of the agreement. It invalidated the agreement partly because the agreement eliminated alimony for the wife, which she would have been entitled to, and gave the wife much less community property than she would have received under community property laws. This indicates that Nevada courts will look at the substantive outcome of an agreement in determining fairness and validity.

It is apparent the reasons prenuptial agreements will be rendered unenforceable tend to overlap. In practice, facts which indicate there was not adequate disclosure by a party or which indicate the presence of duress may also be used to find fraud, unconscionably, etc. The overall lesson for couples is therefore: allow sufficient time for negotiation; have separate divorce lawyers available for both parties, disclose all assets, financial information and anything else the other party might reasonably want to know, and to attempt to treat the other spouse as fairly possible.

You’re thinking about divorce – maybe you need to give some thought to where you live. Divorce laws differ widely from state to state. Here are 8 examples that will show you just how different divorce laws can be.

Want To Get Out Of Paying Alimony? Well, if your spouse has been unfaithful, you want to be living in Georgia. Georgia law allows adultery as a bar to paying alimony. Make your case and alimony will not be awarded.

Want To Get Even? Let’s get back to that unfaithful scenario. In 7 states you can still sue a homewrecker for “alienation of affection” if another person has stolen your spouse from you. New Mexico, Illinois, Hawaii, North Carolina, Mississippi, Utah and South Dakota are where you want to be if you want to sue. In some of those states, the name is “criminal conversation”.

Want A Fast Divorce? You may think that Nevada is the state for a quickie divorce. Think again. In New Hampshire you can be divorced in a single day. You both just cross the border and stay in New Hampshire – that’s taking up residence. There’s no minimum processing time or minimum residency requirement. You can “move” to New Hampshire on Wednesday and file on Thursday and be divorced.

Not So Fast? Then try Vermont. In Vermont, you have to have been residents for at least a year. You must undergo a six-month separation, living apart during that time. Meet those requirements and the judge will grant the divorce. But, wait! It’s not final for another three-months!

Find Fault In Idaho. If your spouse is a boozer and you’ve had enough. You can file for a fault divorce on the grounds of habitual intemperance.

Murder She Wrote – Or He Wrote. If you want grounds for a fault divorce in Tennessee, you just have to show that your spouse has tried to murder you “by poison or any other means showing malice.” Yikes!

She Has A Headache Or He’s Not In The Mood. And, that can be ground for a fault divorce in North Dakota where “persistent refusal to have reasonable matrimonial intercourse” lets you file for a fault divorce.

Still Seeing Each Other? In Delaware, a divorcing couple can continue to live together, but they must be in separate bedrooms. However, sex is allowed if it I an effort “to achieve reconciliation”.

You can see how different divorce laws can be – and that’s one reason why you want an experienced divorce lawyer on your side. You want an expert divorce attorney who understand the laws in your state and can help you make the right decisions within those boundaries.

Part of our democracy is the opportunity given to people suspected of crime to be represented by criminal lawyers in a case. However, not all criminal lawyers are created equal. Some will boast of their education, others of their length of practice. However, these are not enough. When you talk about criminal law, you talk about experience. Law schools are there to educate aspiring lawyers but there is more to these schools that anyone seeking a good criminal lawyer must consider.

It is true that the law school a criminal lawyer attended could matter when assessing his professional expertise. However, there are many things the university won’t teach him and the only things that truly matter when you want the best criminal lawyer is to find one who has extensive experience in the courtroom. In other words, if you want someone who can represent you in a manner that brings the most advantage to you, find the one who has had a good number of jury trials in his career. This is because criminal attorneys do not really perfect their skills unless they have had the chance to practice them in a real courtroom handling real criminal cases. If you go looking around for a criminal attorney, ask how many cases they’ve handled in their career. This number will give you a good idea about whether or not they’ll make a good choice.

Board certification is another thing to look for when finding a criminal lawyer. When the lawyer has it that means he has devoted his career to criminal law and this will make him a much better candidate than someone who has simply “experimented” with this branch of law practice. There are many areas of specialty for lawyers and if you want criminal representation, then you must choose someone who specializes on this. Besides, only those who are board-certified can legitimately claim to be criminal law specialists and there is enough reason to believe they will be good for you.

One thing you’ll want to avoid, however, is having a criminal lawyer promise you victory. There is no good lawyer who can even guarantee that he can win your case. He can promise to give you the best legal advice for whatever situation you are in but that is as far as he can go. He can also promise to do his best while representing you in the courtroom but he will never ever say that you will win, especially if he hasn’t reviewed your case thoroughly.

This is a branch of the law that deal with domestic relations and family matters like marriage, adoption, child abuse, child abduction, property settlements, child support and visitation, and more. It is also referred to as matrimonial law. In many jurisdictions, family courts are the ones with the most-crowded court dockets. The attorney who handles these types of cases is called a family law attorney or lawyer. The main two issues that this lawyer would handle are legal separations and divorce. During these issues, the attorney would attempt to dive marital property, advocate the amount that should be paid for alimony and child support, settle child custody issues, and set visitation rights. In divorce and separation cases, each party will have their own family law attorney. If no settlement can be reached for any issues they could be taken into the court and they judge would usually issue the final order on the issues.

Adoption is another field that a family law attorney handles. The attorney will help the couple through the many steps that has to be taken in order to make the adoption legal. In every jurisdiction, the laws are different and may vary according to how old the child is. In some locations the birth parents will always retain some rights while in other jurisdictions, all of their legal parental rights have been given up completely.

Another duty that a family law attorney does is create documents to help prevent foreseeable future issues. One example is creating a prenuptial agreement that will set forth how the assets would be divided if the couple were to divorce. It could also be a post-nuptial agreement that not only how assets would be divided but also how child visitation, custody, and support should be arranged. They may also set up a trust fund in the name of children or a spouse if they have that level of expertise. In some situations, a family law attorney may have to handle criminal issues. The attorney could specialize in specific areas like domestic violence or juvenile law.

A family law attorney can work in a law firm or open their own offices. To become an attorney you will have to attend law school and then pass an exam in order to become a practicing attorney. Before going on to law school, you will have to have a high school diploma or the equivalent as long as it is jurisdiction accepted. While in college, you need to earn a Bachelor’s Degree in any major but it is helpful for preparing for a law career if it is a business major, law-related, or in political science. To help gain some experience work as a clerk or intern in a law firm that specializes in family law.

Civil law deals with the enforcement of an oral or written contract. This would only mean that a certain entity is often involved in other cases except the commission of a crime. A wrongful act wherein the other party asks for damages is also under the civil law. When we mean civil law, it does not involve any crime. Civil cases often require more work for the lawyer or attorney because they need to gather evidences from different sources.

Most of the time, civil cases involve disputes between a person or an organization. A person or an entity who claims on their legal compensation or benefit is often called a plaintiff. On the other hand, the person or organization that the plaintiff requires the damages is often called the defendant, litigants or parties. Usually, the plaintiff often requires the defendant under the rules of law to provide him the respect and legal obligations deemed to them. A defendant is often required to give the plaintiff what is due to them.

There are several types of civil law cases, and they include commercial operations, divorce and custody, personal injury and estate planning, bankruptcy, taxes, employment, corporations, workers’ compensation, and contracts. Under the rule of civil law, penalties are often given in a form of order, custody, legal rights, liable for damages, and monetary award to the aggrieved party. It is extremely seldom that the defendants are subject to imprisonment, but in some rare cases, there are imprisonments involved.

Criminal Law

Criminal law involves crime against people. It includes rape, robbery, murder, assault and kidnapping. In other way, it also includes tax evasion, burglary, larceny, smuggling, shoplifting and other forms of theft. Criminal laws also cover those who use and sell drugs, drunk drivers and other crimes against the law. The penalties given to perpetrators are often in the form of a fine and jail. Most of the cases under the criminal law are often dealt with an order to avoid further harm to society.

Under the criminal law, the person who is often accused of a certain crime is often charged with formal accusations for misdemeanor. The person accused is liable at large to the entire state or society and not to the victim alone. In this case, criminal defense attorneys just like a Utah Defense Attorney need to help their clients on their legal proceedings. After the trial and the court already made their decision that the other party is legally proven to commit the crime, then a sentence is clearly given. The sentence given can be in a form of supervision in the community, monetary penalty, imprisonment, or in some cases a combination of those penalties.